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Protecting Our Environment and Holding Polluters Accountable
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The health of planet earth is under attack by the Trump Administration every day. With a philosophy of deregulation-at-all-costs and policies that put business interests ahead of public interests, forces in Washington, D.C. are jeopardizing decades of environmental progress and the health and safety of Americans. Trump’s Environmental Protection Agency (EPA) and the rest of his Administration have tried to undermine environmental protections at every turn. They’re working to change or withdraw regulations to the benefit of the fossil fuel industry and asbestos manufacturers at the expense of the safety of the American people. At the same time, New York faces serious environmental challenges of its own, which impact communities throughout the state, particularly communities of color. Lead poisoning cases in black and Hispanic neighborhoods in Buffalo are some of the highest in the State, drinking water sources are contaminated in Newburgh, and smog-filled air in black and Hispanic communities leads to asthma rates in Erie County significantly higher than the national average. With that and damage resulting from climate change, our environmental challenges are growing by the day. At a time when the federal government is abandoning its responsibility to enforce the laws that protect our food, air, water, and the rest of our environment, the role of the Attorney General is vital to protect the health and safety of New Yorkers everywhere. I have been an advocate for the environment throughout my career. As Public Advocate, I used my position as a trustee of the City’s largest pension fund to pressure the City to divest from fossil fuels -- the first trustee of a New York City pension board to call for such action. As a member of the City Council, I led the comprehensive rewriting of the City’s residential recycling program, the largest such program in the country, including expanding composting, simplifying and expanding plastics recycling, and significantly increasing the availability of recycling in public spaces. I have also been a staunch defender of environmental justice, ensuring that neighborhoods of color are not overburdened with more than their fair share of solid waste infrastructure. As Attorney General, I will not hesitate to use the courts to force the Trump Administration to enforce environmental laws and other federal protections, while holding polluters accountable here in New York, taking action to address environmental racism, and more. I will:
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● Investigate and take legal action to stop environmental injustices that exacerbate racial disparities in asthma rates, lead poisoning, and other environmental illnesses; ● Advance legislation and take legal action that would ban fracking infrastructure in New York; ● Lead the fight for the State to divest fully from fossil fuels; ● Litigate to prevent the rollback of federal regulations that protect the our air, our water, and our food; ● Investigate and prosecute corporate polluters who collude with federal officials to mislead New Yorkers about the risk of climate change; ● Litigate to protect against toxic products that harm workers and consumers; and ● Advocate to strengthen New York’s environmental laws by increasing the penalties for illegal dumping.
Tish James Candidate for Attorney General
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Under Attack and Fighting Back: Climate Change The effects of climate change are all around us: extreme weather, melting ice caps, wildfires, and droughts.1 Yet, we are faced with a federal administration that is responsive only to lobbyists who represent some of the nation’s worst polluters. As a result, federal regulations under the Clean Air Act and vehicle emissions standards are being rolled back at a record pace. As New York State’s Attorney General, Tish James will sue the Environmental Protection Agency (EPA) to stop federal regulatory rollbacks, take legal action to hold other states responsible for polluting our air, sue polluters responsible for climate change, and investigate illegal ties between fossil fuel producers and national regulators.
Sue the Trump Administration for Policies that Will Lead To Increased Air Pollution Under Trump’s leadership, the EPA has lowered enforcement standards under the Clean Air Act, has enabled the slowdown of Obama’s Clean Power Plan, has failed to enforce Clean Air Act provisions that would set standards for polluting states, and has proposed a rule that would ease regulation of vehicle emissions. In each instance, state Attorneys General have acted to challenge the dismantling of federal regulations. As New York State Attorney General, Tish James will: ● Litigate to Prevent the Repeal of the Clean Power Plan: The Trump Administration has announced it intends to repeal the Clean Power Plan, a plan aimed at cutting emissions from power plants. New York’s Attorney General has aggressively fought for the implementation of the Clean Power Plan, leading a multi-state coalition to intervene as a defender in a lawsuit challenging the Plan. As Attorney General, Tish James will continue the fight by challenging the repeal of the Clean Power Plan and the very manner in which environmental rule changes are assessed by this science-denying Administration. 1
https://climate.nasa.gov/effects/
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● Litigate to Hold Neighbor States Accountable for Cross-Border Pollution: Pollution does not respect borders. That’s why the Clean Air Act requires the EPA to establish ozone standards for states that pollute their neighbors’ air. New York and Connecticut sued the EPA over its failure to impose those standards on five neighboring states2, and judge recently ordered that the standards must be established. As Attorney General, Tish James will continue to use the courts to protect New Yorkers from air pollution caused by other states with less rigorous standards. ● Litigate to Challenge Proposed New Rules Relaxing Vehicle Emissions: The transportation sector is now the world’s leading source of greenhouse gas emissions.3 A proposed rule has been released by the Trump Administration that would relax a prior rule governing emissions standards for vehicles, exposing New Yorkers and all Americans to dirtier air. As Attorney General, Tish James will continue the multi-state fight to maintain and improve vehicle emissions standards. ● Legislate and Litigate to Stop Fracking Infrastructure in New York: While New York has banned hydraulic fracturing (fracking) to produce shale gas, the law does not ban the development of fracking infrastructure like pipelines, power plants and compressor stations. New York is still contributing to the production of shale gas and feeding an industry that is contributing to the destruction of our natural environment. As Attorney General, Tish James will use all tools available, including legislation and litigation, to stop fracking infrastructure from being built in New York. ● Lead the Fight for the State to Divest From Fossil Fuels: New York’s pension funds control nearly $200 billion, one of the 20 top pools of money on earth. In December, Governor Cuomo announced that the State would start the process of divesting from fossil fuels, by stopping new investments in companies with significant ties to fossil fuels. As Attorney General, the state’s attorney, Tish James will lead the fight to full divestment.
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Illinois, Michigan, Pennsylvania, Virginia, West Virginia https://www.eia.gov/todayinenergy/detail.php?id=29612
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Investigate and Prosecute Polluters Who Collude, Defraud, and Mislead Investors about Climate Change The regulatory rollbacks unleashed by the Trump Administration read like a fossil-fuel industry wish-list. Earlier this year, Scott Pruitt, the EPA Administrator, resigned in disgrace after his lack of transparency and well-known friendly treatment of industry leaders led lawmakers to call for an investigation into whether federal crimes were being committed.4 The appointment of Andrew Wheeler, a former coal industry lobbyist as his replacement, is hardly reassuring, and neither was Trump’s praise that “I have no doubt that Andy will continue on with our great and lasting EPA agenda.”5 When businesses engage in deceptive or fraudulent practices that harm New Yorkers, the Attorney General has the power to investigate and litigate to prevent further harm under the Martin Act and other laws. It is on that basis that the New York Attorney General defeated a lawsuit by ExxonMobil seeking to quash an investigation into whether the company intentionally deceived investors about the risks associated with climate change. As Attorney General, Tish James will investigate businesses that may have colluded with the Trump Administration to propose regulatory changes that benefit wealthy individuals and corporations, not investors or the American public.
Under Attack and Fighting Back: Clean Water New York’s oceans, rivers, lakes, streams, and drinking water are all at risk under the Trump Administration. The Trump Administration is threatening to roll back regulatory protections, walk away from its Superfund cleanup obligations, and use the Long Island Sound as a dumping ground. As Attorney General, Tish James will sue to protect New York’s waters. She will: ● Fight to Protect Buffalo’s Children From Lead Poisoning: Buffalo has a dangerous lead poisoning problem. Each year, hundreds of children in the black and Hispanic neighborhoods in the East and 4 5
https://www.cnn.com/2018/07/05/politics/scott-pruitt-epa-resigns/index.html https://www.cnn.com/2018/07/05/politics/scott-pruitt-epa-resigns/index.html
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lower West Sides are found to have unsafe levels of lead in their blood. Past reports have questioned the testing techniques used to determine lead levels, alleging that lower income communities of color, where higher levels of lead poisoning were documented, were under-represented in the studies.6 As, Attorney General, Tish James will investigate these disparities and take legal action to prevent further tragedy. ● Sue the Companies Responsible for Contaminating Newburgh’s Drinking Water: Washington Lake, the water source for the city of Newburgh, is contaminated with toxic chemicals manufactured at area airports. As a result of the contamination, the city stopped drawing water from Lake Washington and switched over to the Catskills Reservoir until a new water treatment plant could be built. In June, the New York State Attorney General sued the companies responsible to recoup the costs associated with the contamination. As Attorney General, Tish James sue to pursue justice for the residents of Newburgh. ● Litigate to Protect the Hudson River from EPA Neglect or Malfeasance: General Electric, which polluted the Hudson River for years, has asked the EPA to declare the multi-year project to dredge the Hudson River to eliminate PCB contamination complete. Separately, the EPA has floated the idea of building structures in or near the Hudson River that could affect the recovery and long-term health of the river’s environment. As Attorney General, Tish James will take legal action against any EPA action that will threaten the Hudson. ● Litigate to Prevent the Long Island Sound from Being Used as a Dumping Ground: In December 2016, the EPA approved a site in the Long Island Sound as a disposal site for tens of millions of yards of dredged sediment from Connecticut waters. The dredged materials could contain contaminants that will affect the Sound’s food chain. The move poses a major threat to the water that thousands of New Yorkers enjoy for swimming, boating, and fishing. The New York
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http://interactive.investigativepost.org/lead-buffalo-2016/
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Attorney General has sued the EPA to overturn the designation, and as Attorney General, Tish James will continue the fight. ● Litigate to Stop EPA from Gutting the Clean Water Act: The EPA has proposed regulations that would destroy decades of progress in protecting our waters. Tish James will continue to lead the fight in the courts to stop the erosion of these vital protections.
Protecting New Yorkers from Toxic Products Evidence of possible collusion between the Trump Administration and polluters is not limited to the fossil fuel industry -- it extends to toxic products. Trump’s EPA is attempting to reverse decades of health and safety standards regarding everyday household products such as cleaning supplies, pesticides, toys, and cosmetics. As Attorney General, Tish James will sue to stop toxic products from harming New Yorkers, and she will investigate ties between manufacturers and Administration officials aimed at lining pockets at the expense of investors and consumers.
Strengthen State Penalties for Illegal Dumping Earlier this summer, the state announced the largest illegal dumping takedown in its history. Twenty-four people were arrested and 12 corporations were charged for a scheme involving the illegal disposal of construction debris on Long Island and the mid-Hudson Valley. The uptick in enforcement is laudable, but state laws should be strengthened to incentivize stronger enforcement and provide effective civil penalties. As Attorney General, Tish James will not only take legal action to punish those responsible, but will also advocate for changes in the state law that will offer rewards for reporting illegal dumping, revoke the carting licenses of those involved, and require restitution.
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